PRACTICE AREAS: Gun Charges


Gun Charges

In Pennsylvania, the Uniform Firearms Act (Title 18 Chapter 61, Section 6101) deals with all matters pertaining to the use, transfer, sale, and maintenance of firearms. Pennsylvania classifies firearms as any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches, or any riffle with a barrel less than 16 inches.   Most gun charges in Pennsylvania are felony offenses and not misdemeanor charges. All of these concepts are explained in my free book – Commonwealth v. You – Pennsylvania Criminal Defense Basics.

 

The most common illegal gun charges that we defend are:

  • Possession of a Firearm by a prohibited person– Section 6105
  • Possession of a Firearm by an unlicensed person – Section 6106
  • Carrying an illegal gun on a city street or on public property in the City of Philadelphia – Section 6108
  • Possession of a Firearm by a person with the serial o manufacturer’s number obliterated or altered – Section 6110.2

 

For more information about how our law firm defends illegal gun charges read our blog, watch our videos, or read a copy of our book – Commonwealth v. YOU! A strong illegal gun charge defense will focus on actual vs. constructive possession. In addition, a strong defense for these charges will start with the proper strategy at a preliminary hearing.  You must understand that Pennsylvania treats guns much differently than New Jersey.  

 

Illegal gun charges are felony offenses.  You also potentially face a harsher sentence if you are charged with a violent felony (aggravated assault, robbery, burglary) offense along with a gun charge. A person who violates section 6106 of the Uniform Firearms Act commits a felony of the third degree while a person who violates section 6105 commits a felony of the second degree. Finally, if a person authors or obliterates the serial number for a firearm – a violation of section 6110 – it’s a felony of the second degree. While mandatory minimum sentences in Pennsylvania are now unconstitutional, any combination of illegal guns and drugs subjects a person to a harsher penalty because the District Attorney or Prosecutor will argue that the combination of these two illegal items could convince a judge to believe that you are a drug dealer and result in a harsher sentence.

 


At Gambone & Associates, information and education are the building blocks of our representation.

Some common questions that are addressed in our book are below:

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.